If the competent authorities are not listening to the genuine request that this property may not come under residential especially if the revenue records show that these are agricultural lands, then you have no option than to file a writ petition before high court seeking remedy. The succession law may not be of any useful remedy to you.
Nature of land
A land has been seized in Urban Ceiling and surveyed as "RESIDENTIAL" (rejecting the appeal of the owner that land is agricultural). In revenue records it is still as agricultural land then at present which provisions will be applicable? Hindu Succession Act (for residential land) or UPZALR (for agricultural land in Uttar Pradesh). Was declartion as "residential" land by comoetent ceiling authority enough for applicability of Personal Law of succession?
Asked 7 years ago in Property Law
Religion: Hindu
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4 Answers
No, actually the land was seixed in Urabn Ceiling in 1980 as residential land, now it has been returned back under Ceiling Repeal Act, so what's the stand of daughetrs' right in this land? Will the land be treated as urban or agricultural? The Ceiling authority in 1980 has declared the land as residential and the owner has not challenged the order in any higher court, but in revenue records the land is still agricultural! So will it be subject to Hindu Sucession Act or UPZALR Law (as in U.P.)?
Asked 7 years ago
If it is shown as agricultural land in the revenue records, then the daughters may not have equal rights in the property.
If it is treated as urban land then the Hindu succession act may be invoked
1)provisions of hIndu succession act would be applicable as land has been seized under provisions of urban land ceiling act and surveyed as residential
2) mere entry in revenue records is not sufficent to hold land as agricultural
land would be regarded as urban and would not be covered under provisions of UPZALAR